Do You Have a Right to Relocate with Your Children?

Do You Have a Right to Relocate with Your Children?

Posted By
Dean Kantaras

More than ever, Americans are relocating not just within their state, but
also across the country and around the world. Increased mobility is relatively
easy for single individuals or married couples who are interested in seeing
more of the world or who need to move for a new job. However, it can be
difficult for divorced parents to exercise this same level of freedom.

Florida has strict laws when it comes to moving children out of the state
and away from their noncustodial parents. This is because custody laws
are premised on the idea that children tend to develop better when they
have access to both parents. Although there are certainly exceptions to
this rule, children usually form strong bonds with both of their parents,
and restricting access to one can be detrimental.

With this in mind, Florida law does not allow one parent to relocate without
the consent of the other. If the noncustodial parent refuses to give that
consent, the other parent must petition the court to grant the move.

Florida’s restriction does not apply to all moves — only those
that would involve a relocation of more than 50 miles for a period longer
than 60 days. In those situations, the custodial parent must notify the
other of the potential move. If both parents agree, they must file a joint
written agreement with the court that acknowledges their consent. If the
other parent does not agree, the custodial parent is required to file
a petition with the court for permission to relocate.

In determining whether or not to grant the relocation, courts look at what
would be in the best interest of the child, and not necessarily the parents.
If any evidence suggests that the child would be harmed by the move, a
court is unlikely to grant permission. If, however, the move would benefit
the child in some way, such as providing access to better schools or a
network of family members, the court would be more likely to grant an approval.

If you have questions about child custody arrangements in Florida, consult
the dedicated family law and divorce attorneys at the Law Office of K.
Dean Kantaras.